Authors
Kees van Berkel, Réka Markovich, Christian Strasser, Leendert van der Torre
Publication date
2023
Book
Legal Knowledge and Information Systems
Pages
73-82
Publisher
IOS Press
Description
This paper presents a formal model of specific reasoning patterns in conflict of laws (CoL). CoL arises when multiple countries have jurisdiction due to the diverse nationalities of the involved factors. When initiating legal action in one country, the question of which country’s substantial law to apply emerges, possibly involving the CoL regulations of other countries (in cases of transmission and renvoi). Moreover, parties contemplating legal action in a case falling under CoL often engage in a deliberation process known as forum shopping: determining which country’s CoL regulations would result in the most favorable outcome for them. Our model integrates deontic logic (specifically Input/Output logic) with proof theory and formal argumentation techniques to model both types of reasoning.
Scholar articles
K Van Berkel, R Markovich, C Strasser, L van der Torre - Legal Knowledge and Information Systems, 2023